일본 민사소송법상 “쟁점 및 증거정리절차”의 고찰을 통한 새로운 방향의 모색

• 발행기관: 한국민사소송법학회
• 저자명: 박태신
• 간행물 정보: 『민사소송』제11권 제1호, 157~180쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.05.30

영문 초록

A Civil Proceedings Act was revised preparatory proceedings with a form to carry out necessarily(It has been usually called “a new model”). In other words, to support this, the above Act is revised, and it was enforced from 2002.7.1. The procedure is very useful for solving the civil problems. But in the comparison with other legal system, it`s very strict so it can lack in versatility for problems solving. Therefore, I thought to make this article to grope for a new direction and to find versatility of a system of our country through the actual situation about an equal system of other countries. For that purpose I have written “a rearranging procedure of an issue and evi-dence” of Japanese legal pretrial clause. Because firstly studying the Japane- se legal trial clause, I thought to do new direction grope through a new system and comparison of our country. And secondly Koeranʼs system is very much the same with Japanese public speaking preparatory proceedings(an issue and contents for an evidence rearranging procedure). Koeranʼs system is the differ- ence in Japanese system. Because Korean system is accepted as very stiff as for it`s understanding. However, in charge of a duty to accomplish a function of the compulsion, the public speaking preparatory proceedings is very important by an umpire process. But it`s important to prevent administration in a public speaking fixed date of waste of trail through this procedure again, but public speaking preparatory pro-ceedings of other forms cannot still deny that it is worse by an admi- nistration manner of a judicial officier. Therefore, I agree that it enforces a rearragnging proceduere of an issue and evidence basically, and it is necessary to change public speaking preparatory pro-ceedings process with a form of procedure by judgment of efficiency of the judi-cial officier than in principle administrative compulsion for this procedure of the Civil Proceedings Act.

목차

Ⅰ. 서론

Ⅱ. 본론

Ⅲ. 결론-새로운 방향의 모색을 위한 제언-

참고문헌

키워드

변론준비절차 쟁점 및 증거정리절차 변론 겸 화해 준비적 구술변론 서면에 의한 준비절차 진행협의기일 Public speaking preparatory proceedings A issue and evidence rearranging procedure Public speaking and Reconciliation Oral public speaking preparations Preparatory proceedings on document progress discussion fixed date